Development Management Information Guidelines Series Land Use Management

Plans and policies considered by the City To undertake land use management, the City of Cape Town is guided by many different plans and policies. These include the following: Building plan A building plan sets out the detailed technical specifications of a planned new building or structure. It is required by law and needs to be approved by the Development Management Department before construction may start on a site. The department retains a copy of the approved plan for future reference purposes, and to ensure compliance. Integrated Development Plan (IDP) This is the City of Cape Town’s long-term “business plan”, which is updated every year. It sets out the City’s vision, strategies, programmes and action plans that, together with the budget, will be used to achieve the objectives that have been agreed with the communities of Cape Town. Awaiting icon ref from client 12 Spatial development frameworks (SDFs) or structure plans These frameworks or plans determine future public and private development, and provide guidelines for general land use and infrastructure investment. They could be prepared for the entire municipal area as part of the IDP (providing very broad, general guidelines and principles) or for a sub-region, district or an even smaller area (providing much more detailed guidelines on land use and development). Importantly, however, these documents provide guidelines only, and do not give or take away any development rights. CIT Y OF CAPE TOWN: DEVELOPMENT MANAGEMENT INFORMATION Awaiting icon ref from client Sector or thematic spatial plans These plans are similar to spatial development frameworks, but usually deal with a specific subject or issue across an entire area, such as mining activities and mineral resources for Cape Town as a whole, or development of the entire Cape Town coast. Land use management policies The City of Cape Town uses land use management policies to help it carry out its development management function. A land use management policy may deal with a specific land use activity or form of development (such as a policy on early childhood development or guest accommodation establishments) or may set out procedures to be followed (such as for the public participation process with regard to planning applications). Zoning map The City uses a zoning map to indicate the different zonings (and, by implication, the land use and development rights) of each individual property in Cape Town. The zoning map is a component of the City’s zoning scheme and an important part of the land use management system. LAND USE MANAGEMENT 13

THE DEVELOPMENT PROCESS How does the development process work? Broadly speaking, the development process consists of the following phases: I nitial idea or need: Each development – whether private or public – usually starts off with an idea or vision. This is normally in response to a specific community need or market demand. An appropriate site for the development is identified and obtained. lanning/feasibility and design: This phase involves market P analysis (testing whether the market has a need for the development) and feasibility assessments (testing whether the development is achievable). The developer needs to plan and design the proposed development, working strictly according to the City’s policies and plans mentioned above, as well as any applicable limitations and restrictions laid down by laws and regulations (such as the City’s Development Management Scheme). If all of these tests and assessments show that the development is realistically achievable, the developer will prepare an application for approval. re-application consultation: Before finalising and submitting the P application, the developer may wish to speak to a City official to be clear about precisely what is expected. In fact, for certain types of applications, such a pre-application consultation is compulsory. This is to ensure that there are no unnecessary delays after submission. tatutory process and decisions: Once the application is S submitted to the City, it is processed according to prescribed procedures, which include obtaining all required permissions and possibly also going through a process of formal public participation, such as publishing notices of the planned development for public comment. After the application has been assessed, it is referred to the City’s decision-making body on planning applications. This may be an authorised City official or the City’s Municipal Planning Tribunal. Once the official/tribunal has made a decision, it may also be appealed if the applicant or another party is dissatisfied. 14 CIT Y OF CAPE TOWN: DEVELOPMENT MANAGEMENT INFORMATION I mplementation: In this phase, the development is physically constructed, along with all infrastructure (electricity, water, sewer networks) needed to support it. Everything needs to be done according to agreed standards, which are monitored by the City until the entire project has been completed. O perating, monitoring/review: This is when the new development officially starts being used (for example, newly built residential units are transferred to the residents, or a newly constructed office block starts operating). In this phase, the City will continue monitoring and reviewing the development to ensure that it complies with all conditions and standards set. Keep in mind that this is a dynamic process that involves many different role-players and considers many different factors. The process may therefore change according to specific circumstances. For example, the developer may need to get permission from other authorities than just the City, or may still need to find the necessary finance and draw up a proper business model. After all the permissions have been obtained, the developer may even decide not to go ahead with the development. For this reason, the duration of the phases above may vary from a few weeks to several years. LAND USE MANAGEMENT 15

Who are the role-players involved in the development process? The person or institution who: Landowner/ property owner (also called “developer”) Bank/financial institution/ mortgager/investor Public Private Partnerships – comes up with the idea or makes land available for development; – appoints all necessary consultants to act on his/her/its behalf; and Appointed by the landowner/developer to: Consulting engineer – install these (or have them installed). – oversees the entire development process until complete. May be approached by the landowner/developer to provide the finance for the development, usually in the form of a long-term loan or bond. May need to give consent for an application to be submitted. A partnership formed between a role-player from the public sector (government or a government agency) and a role-player from the private sector (a private company or developer) to jointly undertake a specific development in the interest of the broader community, such as building a shopping centre (private) next to a railway station (public). Each partner contributes specific skills or assets. Quantity surveyor Land surveyor Landscape architect Appointed by the landowner/developer to: Town planner/ urban designer – prepare layout plans and proposals for submission to and approval by the City; Conveyancer/ attorney – negotiate with all interested and affected parties on the developer’s behalf; and – oversee the planning, pre-application and approval phases. Appointed by the landowner/developer to: Architect/ draughtsperson – d esign the proposed buildings/structures that form part of the development; – obtain building plan approval from the City; and Appointed by the landowner/developer to calculate the cost of the building/development according to specified standards. Appointed by the landowner/developer to: – survey (measure out) the property; and – prepare survey diagrams or general plans, which are submitted to the Surveyor-General for approval. Appointed by the landowner/developer to design and beautify all open spaces around the newly constructed buildings, using either plants and lawn or hard surfacing materials such as paving. Appointed by the landowner/seller to: – identify suitable land for development; – determine the best way to use or develop the land; – design the services and infrastructure required for the development (such as roads, water, sewers, stormwater drainage and electricity) as well as any structural elements of the development; and – prepare and submit transfer documents to the Deeds Office once the City has given approval, in order to register and transfer individual units to new owners; and – possibly help prepare documents for submission to the City, respond to comments or objections received during public participation, or lodge an appeal. Selected and appointed by the landowner/developer to: Contractor/ builder/ developer – build the development; and – install the supporting infrastructure; usually with the help of subcontractors such as electricians, plumbers, carpenters, landscapers, etc. – (usually) oversee the actual construction. 16 CIT Y OF CAPE TOWN: DEVELOPMENT MANAGEMENT INFORMATION LAND USE MANAGEMENT 17

The City of Cape Town, which is responsible for: Appointed by the landowner/seller to: Estate agent – market the property or development; – help conclude the sale. Community/ interested and affected parties Non-governmental organisations Various government departments and agencies/parastatals – providing basic services and infrastructure to communities; – fi nd willing buyers for the development or for units in the development; and Members of the public who have an interest in or are affected by a proposed development. By advertising development applications, the City provides interested and affected parties with an opportunity to have a say in the planning proposal and design, and in monitoring the development during construction and implementation. Although not all applications are advertised, the larger ones and those that may affect property rights usually are. Organisations – often operating on a charitable notfor-profit basis (such as residents’ and ratepayers’ associations) – that provide assistance and advice to communities and represent them in general planning and development matters. Local authority/ municipality – investigating and resolving any contraventions or illegal development. A City employee who is responsible for: – processing and assessing development applications, which may include public participation; Planning official – k eeps official records of all surveyed properties and their descriptions. Building control officer 18 – registers the transfer of property into new owners’ names; and – k eeps official records of all registered properties and their details, such as any servitudes, restrictions, bonds, etc. CIT Y OF CAPE TOWN: DEVELOPMENT MANAGEMENT INFORMATION – monitoring implementation of the project; – enforcing all applicable laws; and A City employee who is responsible for overseeing: A government office that: Registrar of Deeds/ Deeds Office – ensuring that an applicant is informed of the decision in the shortest possible time; – providing developers, consultants and members of the public with general advice on procedures and technical aspects in line with the City’s Development Management Scheme throughout the process. A government office that: Surveyor-General – approving development applications and building plans if they are in line with the City’s policies, plans and legislation; – monitoring the implementation of development projects according to approved standards; and Includes national and provincial government departments. They comment and provide input on proposed developments when consulted, and sometimes also perform specific functions required by law. – approves survey diagrams or general plans submitted for a new development; and – drawing up long-term development policies and plans for the wider community; – the processing and assessment of building plan applications; and – t he recommendation for approval of applications; in accordance with the National Building Regulations and other applicable laws. A City employee who is responsible for: Building inspector – monitoring and inspecting on-site construction to ensure that it complies with the approved building plans and standards; and – investigating contraventions and complaints regarding building work. LAND USE MANAGEMENT 19

A QUICK OVERVIEW OF THE LAND USE MANAGEMENT SYSTEM What does the City’s land use management system entail? By law, the City is required to have a land use management system to manage and regulate development. Put simply, this is a collection of all the City’s formal policies, processes, procedures and systems used to manage development and take effective development decisions. Typical components of the land use management system are: objectives and a policy framework for development in Cape Town as a whole and in specific local areas; policies, guidelines and spatial frameworks for land use in Cape Town as a whole and in specific local areas; s tandard business principles and workflows that apply throughout the City; standard operational procedures, manuals and staff instructions that apply throughout the City; standardised letters and forms; procedures and tariffs for various types of applications; the City of Cape Town Development Management Scheme, a zoning register and a zoning map; 20 Using all of the land use management system aims to: promote sustainable development where it is appropriate, but limit development where conservation is more important; p rovide clear procedures to ensure a fast and efficient system for development decisions; provide clear guidelines for decision-making to create more certainty in less complicated applications and allow for flexibility and discretion in more complex ones; provide effective mechanisms for public consultation and dispute resolution; ensure that the environment is properly taken into account when development applications are approved; a system of delegated (transferred) powers of decisionmaking; and ensure that the development applications approved today will contribute to the type of Cape Town we wish to have in the future; and procedures to enforce development laws and regulations. find the right balance between private and public interests. CIT Y OF CAPE TOWN: DEVELOPMENT MANAGEMENT INFORMATION LAND USE MANAGEMENT 21

DECISION-MAKING AS PART OF THE LAND USE MANAGEMENT SYSTEM One of the most important functions of the City of Cape Town’s land use management system is to guide various decision-makers in taking their development decisions. This is necessary so that all development decisions across the City of Cape Town are consistent, fair, effective and, in a sense, predictable. Landowners should know that if an application complies with the relevant policy, it is more likely to be approved. In order to achieve this, decision-making as part of the land use management system must meet these requirements: Decisions can only be made if the correct application procedure has been followed (as prescribed by law). The decision-maker must have the power to take the decision and must consider all relevant aspects of the application, along with any policies, guidelines or directives, before deciding. Interested and affected parties (see “Who are the role-players involved in the development process?”) may be given the opportunity to have their say on a planned development before a decision is made. If the requirements are not met, the decision could be appealed or taken on review. The decision itself must be recorded properly, along with the reasons for it. The applicant (and any objectors) must receive written notice of the decision (and of their right to appeal against the decision) within the time prescribed in the Planning By-law. A ny party that is dissatisfied with the decision must have the opportunity to lodge an appeal against it within the period prescribed in the Planning By-law. 22 CIT Y OF CAPE TOWN: DEVELOPMENT MANAGEMENT INFORMATION The decision on all development applications is taken by either an authorised City official or the City’s municipal planning tribunal. The Executive Mayor is the appeal authority. LAND USE MANAGEMENT 23

The City of Cape Town’s Development Management Scheme: How do these fit into the land use management system? Zoning One of the ways in which the City carries out its responsibility of land use management is through a system of zoning. When a property is zoned, it is assigned a specific zoning category that sets out the rules for how the property may be used and further developed. In other words, zoning describes and controls the purpose and legal use of a property. Landowners in Cape Town who want to change the permitted way in which their property may be used or developed must by law apply to the City of Cape Town for permission to do so. In this way, zoning makes it possible for the City to control the use and development of land so that it takes place in an organised and sustainable manner in the interest of communities and the broader public. The zoning scheme The zoning scheme is a collection of land and development rights, restrictions and rules applicable to properties in specific areas of Cape Town. The zoning scheme is an important part of the land use management system and consists of the following components: The City’s Development Management Scheme A zoning register, which also indicates consent uses (alternative land uses for which the City has given permission) and departures (deviations from the Development Management Scheme) applicable to properties A zoning map showing the zoning of all individual properties 24 CIT Y OF CAPE TOWN: DEVELOPMENT MANAGEMENT INFORMATION The zoning scheme is aimed at: controlling the way in which Cape Town grows and develops, while protecting our natural and built environment at the same time; creating stability and certainty in the property market by laying down clear rights and obligations for all properties, thereby creating property value; promoting a well-balanced mix of land uses that support one another and are managed in an orderly and coordinated manner, and finding solutions where land uses seem to clash; determining and controlling the shape of Cape Town and the relationship between different land uses so that the city is a pleasant and well-functioning place to live and work; coordinating development so that it promotes order, public health and safety, such as not allowing development in fire and flood-prone areas or close to industries that may be dangerous to human health, and directing development towards the areas where it will be most beneficial to the residents of Cape Town; balancing private property rights with public interests; promoting development that is integrated (where everything works well for everyone) and sustainable (where everything works well now and into the future); and improving the quality of the built environment. LAND USE MANAGEMENT 25

The City of Cape Town’s Development Management Scheme Development rules As part of the zonin

In its Integrated Development Plan (IDP), which serves as the City's "business plan", the City of Cape Town has committed itself to turn Cape Town into the opportunity city, the safe city, the caring city, the inclusive city and the well-run city. From a land use management perspective, the City of Cape Town